By Melissa Gentry
HOLLYWOOD, CA (Hollywood Today) 6/13/07 — The old standard of the FCC has been challenged by the fearless FOX who allowed host Cher and Nicole Richie to drop the “F-bomb” and say the “S-word” during the 2002 and 2003 Billboard Music Awards, causing the FCC to accuse FOX of breaking decency rules. FOX appealed the charges and claims that “government regulation of content serves no purpose other than to chill artistic expression in violation of the first Amendment.”
A recent vote by a U.S. Court of Appeals, ruled in FOX’s favor, giving major Television networks a big victory by overruling a federal regulator’s decision to penalize the FOX network over decency standards.
The whole controversy started over FOX’s 2002 and 2003 Billboard Music Awards shows, when hosts Cher and Nicole Richie used the “F-Bomb” and the “S-word” during the ceremonies. After which the FCC accused FOX television station of breaking decency rules, and FOX appealed in March of 2006. This all caused a new standard to the traditional FCC rules in 2006, which stated that “unscripted” profanity slips counted as indecency; however the appeal court found the addition to be a “significant departure” from previous rulings.
“We find that the FCC’s new policy regarding ‘fleeting expletives’ represents a significant departure from positions previously taken by the agency and relied on by the broadcast industry,” wrote Judge Rosemary Pooler for herself and Judge Peter Hall in the majority decision. “We further find that the FCC has failed to articulate a reasoned basis for this change in policy. Accordingly, we hold that the FCC’s new policy regarding ‘fleeting expletives’ is arbitrary and capricious.”
No doubt FOX representatives were more than pleased with the overruling and explained that “government regulation of content serves no purpose other than to chill artistic expression in violation of the First Amendment.” And think that “Viewers should be allowed to determine for themselves and their families, through the many parental control technologies available, what is appropriate viewing for their home.”
Even though FOX got off easy this time and was not fined by the FCC in the current case, had the FCC’s decision not been overruled, a wider door for hefty penalties could have been opened for the future. Due to last year’s increase of indecency fines, broadcasters that break the regulations could spend $325,000 per violation.
Several groups, including the FCC, are arguing against the appeals decision, however, explaining that banning these expletives is in no way “arbitrary.” Chairman of the FCC, Kevin Martin said, “I completely disagree with the Court’s ruling and am disappointed for American families…I find it hard to believe that the New York court would tell American families that ‘[S-word]’ and ‘[F-word]’ are fine to say on broadcast television during the hours when children are most likely to be in the audience.”
FCC chairman went on to explain that parents should at least be able to have more control over what their children can and cannot watch and that consumers should have more choices as to what goes into their cable, “Permitting parents to have more choice in the channels they receive may prove to be the best solution to content concerns,” concluded Martin.
The Federal Communications Commission better known as the FCC has been around since the 1930’s regulating what is broadcast across America via radio, television, wire, satellite and cable. Since its creation few have challenged their standard of decency until now.